Basic information
Outline of the system
Venezuela administers the following import systems to protect public health:
Licence from the Ministry of Production and Trade (MPC). In view of the provisions of the Organic Law on Narcotic and Psychotropic Substances, imports of the substances referred to in that law and their derivatives and salts are limited to the amounts strictly necessary for the lawful production of medicines and scientific research, and only legally-authorized persons may be involved in any related aspect. Legally-established non-pharmaceutical industries that wish to import any of those substances for a purpose other than manufacturing medicines must apply to the Directorate-General of Industrial Sectors of the MPC for registration and import licences.
Product coverage
Import licences for narcotic substances, their derivatives and salts apply to a total of 23 tariff subheadings (See Products).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The purpose of import licences is to safeguard human health and life.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
Import licences are issued without discrimination as to the country of origin of the goods.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Obtaining an import licence is a statutory requirement.
The legal basis for the import licensing system is:
- Official Gazette No. 4636, extraordinary edition of 30 September 1993, publishing the Organic Law on Narcotic and Psychotropic Substances (LOSEP).
- Official Gazette No. 36545 of 23 September 1998, publishing Joint Resolution No. 5055 of the Ministry of Finance, No. 864 of the Ministry of Defence, No. 094 of the Ministry of Industry and Trade, No. 63699 of the Ministry of Health and Social Welfare and No. 165 of the Ministry of Justice, which regulates import, export and domestic marketing procedures for the chemical substances identified in the Joint Resolution Determining Essential Chemical Products subject to control pursuant to Article 2 of the Organic Law on Narcotic and Psychotropic Substances.
- Official Gazette No. 36705 of 20 May 1999, publishing Joint Resolution No. 107 of the Ministry of Finance and No. 350 of the Ministry of Industry and Trade, amending Article 21 of Decree No. 989 of 20 December 1995 (the Customs Tariff) for imports of goods in the tariff codes indicated therein.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The executive is empowered to abolish the licensing system without legislative approval and to designate products to be subjected to licensing requirements.
Is it possible for the government to abolish the system without legislative approval?
The executive is empowered to abolish the licensing system without legislative approval and to designate products to be subjected to licensing requirements.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for import licences.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The application form for import licences for products subject to the Organic Law on Narcotic and Psychotropic Substances requires general information on the importer, current registration number, identification of the substance to be imported, quantity and the customs entry point.
What documents is the importer required to supply with the application?
The importer is required to attach evidence of registration with the General Anti-Drug Division of the Technical Judicial Police Force to the application form.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications for import licences can be made at any time of the year five to 20 working days in advance of the date of import, which is the minimum time required for processing.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Applications for import licences can be made at any time of the year five to 20 working days in advance of the date of import, which is the minimum time required for processing.
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Article 86 of the Organic Law on Customs requires that goods comply with the customs regulations in effect on the date of their arrival at the primary zone and the importer is required to present all the necessary documentation.
Which administrative body is responsible for approving application of licences?
The Directorate-General of Industrial Chains of the Ministry of Production and Trade for imports of narcotic and psychotropic substances, their derivatives and salts.
Must the applications be passed on to other organs for visa, note or approval?
For this group of products, the importer must register with the Directorate-General of Industrial Sectors of the Ministry of Production and Trade and with the General Anti-Drug Division of the Technical Judicial Police Force.
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Importers of products subject to LOSEP are required to pay revenue stamps in the amount of 198,000 bolivars.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required to obtain an import licence.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Are the reasons for any refusal given to applicants?
In the event a licence is refused, the importer is notified of the reasons for the refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event a licence is refused, the importer may appeal for reconsideration of the administrative decision through regular or jurisdictional channels, as established in the Organic Law on Administrative Procedures.
If so, to what bodies and under what procedures?
In the event a licence is refused, the importer may appeal for reconsideration of the administrative decision through regular or jurisdictional channels, as established in the Organic Law on Administrative Procedures.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
At the time the imports are made, the importer is required to present the import licence for chemicals subject to control and registration and a receipt for the notification sent to the Anti-Drug Command of the National Guard.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Import licences for products subject to LOSEP are valid for 180 days. The periods can be extended if the import was not made for reasons beyond the importer’s control.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licences are not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
In Venezuela, the currency is freely convertible. There are no restrictions on access to foreign exchange.